MARITAL RAPE: A SYSTEMIC ANALYSIS ON THE GUARANTEE OF COMPREHENSIVE PROTECTION FOR VICTIMS

Abstract

This article analyzes the effectiveness of protective measures provided in Brazilian law to address marital rape, focusing on the comprehensive protection of victims and the prevention of revictimization. The research begins with the observation that, although marital rape has been legally recognized as a crime since the 2009 Penal Code reform, its practical enforcement still faces legal, cultural, and institutional barriers. The study adopts a qualitative, exploratory, and descriptive approach, based on the documentary analysis of court rulings and academic literature. It examines the limitations in applying protective measures, such as judicial delay, case underreporting, institutional fragmentation, and cultural resistance to recognizing sexual violence within marriage. Ademais, the article discusses the possibility of creating a clearer and more specific legal framework for marital rape, along with proposals to improve public policies and the justice system's performance. The findings show that, despite legislative advances, the effectiveness of protective measures remains hampered by operational and symbolic gaps that hinder state responses. The study concludes that strengthening support networks, training legal professionals, and implementing specific public policies are essential steps to ensure the safety, dignity, and fundamental rights of victims of marital rape.